BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130013581
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reinstatement of her grade to specialist four (SP4)/E-4.
2. The applicant states instead of addressing her medical condition, she was transferred to a remote area after having undergone a severe beating.
3. The applicant does not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show she enlisted in the Regular Army in the rank/grade of private (PVT)/E-1 on 19 April 1977.
3. She completed basic combat and advanced individual training and she was awarded military occupational specialty (MOS) 71L (Administrative Specialist). She was promoted to private (PV2)/E-2 on 19 October 1977.
4. Subsequent to completion of MOS training, she was reassigned to the U.S. Army Garrison, Fort Devens, MA. She was promoted to private first class (PFC)/E-3 on 15 February 1978 and SP4/E-4 on 16 November 1978.
5. She served in Germany from on or about 4 March 1979 to on or about 25 April 1980. She was assigned to the 144th Ordnance Company, 15th Ordnance Battalion.
6. On 18 October 1979, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 13 to 17 September 1979 and from 20 to 24 September 1979. Her punishment consisted of a reduction to PFC/E-3, a forfeiture of pay, and extra duty. She elected not to appeal her punishment.
7. On 31 March 1980, she accepted NJP under the provisions of Article 15 of the UCMJ for being AWOL from 28 to 31 March 1980. Her punishment consisted of a reduction to PV2/E-2 and restriction and extra duty. She appealed her punishment but her appeal was denied.
8. On 23 April 1980, she accepted NJP under the provisions of Article 15 of the UCMJ for operating a vehicle while under the influence of alcohol. Her punishment consisted of a reduction to PVT/E-1, a forfeiture of pay, and restriction. She elected not to appeal her punishment.
9. She was honorably discharged from active duty on 28 April 1980. Her DD Form 214 (Certificate of Release or Discharge) shows she completed 2 years, 11 months, and 29 days of active service and she had lost time from 13 to 16 September 1979, 28 to 30 March 1980, and 20 to 23 September 1980. Her DD Form 214 also shows in:
* Item 4a (Grade, Rate or Rank) - PV1
* Item 4b (Pay Grade) - E-1
* Item 12h (Effective date of Pay Grade) - 23 April 1980
10. There is no indication in her records that shows she was promoted back to SP4/E-4 prior to her discharge. Furthermore, her medical records are not available for review with this case. There is no indication in her records that she was subjected to any beating or suffered from any medical conditions.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to SP4/E-4 on 16 November 1978. However, she also accepted NJP under the provisions of Article 15 of the UCMJ on three separate occasions. In each instance, she was reduced one grade.
2. There is no evidence in her records and she provides none to show the misconduct she committed - AWOL and operating a vehicle while under the influence - was caused by a beating or any medical condition she may have had.
3. There is no evidence in her records and she provides none to show she was promoted back to SP4/E-4 between the date she was reduced (23 April 1980) and the date she was discharged (28 April 1980). Her records correctly show her rank, grade, and effective date of pay grade. She provides no evidence of an error or an injustice and as such, she is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130013581
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ABCMR Record of Proceedings (cont) AR20130013581
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